West Bengal Governor returns Aparajita Bill to State govt. for reconsideration
'One of the proposed amendments seeks to enhance the punishment for rape under Section 64 of the BNS, 2023, raising it from the existing minimum of 10 years to life imprisonment for the remainder of one's life or death. The Ministry of Home Affairs has termed this change as excessively harsh and disproportionate,' an official of Raj Bhawan, Kolkata, said.
The West Bengal Legislative Assembly had unanimously passed the Aparajita Bill on September 3, 2024, introducing stringent punishment in cases involving sexual assault. The Bill was sent to President Droupadi Murmu by the Governor on September 6, 2024.
The legislation, which was passed 25 days after the rape and murder of a doctor at R.G. Kar Medical College and Hospital in Kolkata, provides for the death penalty in five categories of offences — rape, rape by a police officer or public servant, rape causing death or resulting in a persistent vegetative state, gang rape, and repeat offenders.
Raj Bhawan officials pointed out that the Bill proposes to make the death penalty mandatory in cases where the victim dies or is left in a vegetative state under Section 66 of the BNS. 'The Ministry of Home Affairs has raised concerns over the removal of judicial discretion in such cases,' the official said.
According to Raj Bhawan, the Bill also proposes to delete Section 65 of the BNS, 2023, thereby eliminating the distinction in punishment for the rape of women under 16 and under 12 years of age. 'The Ministry has observed that the removal of such classification violates the principle of proportionality in sentencing,' the official added.
The development comes amid repeated appeals by the Trinamool Congress government urging the Union government to grant assent to the Bill. A delegation of Trinamool Congress MPs met President Droupadi Murmu on February 13, to press for early approval of the legislation.
Certain legal experts had described the Aparajita Bill as a knee-jerk response by the West Bengal government.
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